(1) There is created within the division the Concealed Weapon Review
Board.

(2)(a) The board is comprised of not more than five members appointed
by the commissioner on a bipartisan basis.

(b) The board shall include a member representing law enforcement and
at least two citizens, one of whom represents sporting interests.

(3)(a) Except as required by Subsection (b), as terms of current board
members expire, the commissioner shall appoint each new member or
reappointed member to a four-year term.
?

(b) Notwithstanding the requirements of Subsection (a), the
commissioner shall, at the time of appointment or reappointment,
adjust the length of terms to ensure that the terms of board members
are staggered so that approximately half of the board is appointed
every two years.

(4) When a vacancy occurs in the membership for any reason, the
replacement shall be appointed for the unexpired term.

(5)(a)(i) Members who are not government employees shall receive no
compensation or benefits for their services, but may receive per diem
and expenses incurred in the performance of the member’s official
duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107.

(ii) Members may decline to receive per diem and expenses for their
service.

(b)(i) State government officer and employee members who do not
receive salary, per diem, or expenses from their agency for their
service may receive per diem and expenses incurred in the performance
of their official duties from the board at the rates established by
the Division of Finance under Sections 63A-3-106 and 63A-3-107.

(ii) State government officer and employee members may decline to
receive per diem and expenses for their service.

(6) The board shall meet at least quarterly, unless the board has no
business to conduct during that quarter.

(7) The board, upon receiving a timely filed petition for review, shall
review within a reasonable time the denial, suspension, or revocation
of a permit or a temporary permit to carry a concealed firearm.

(1)(a) The division or its designated agent shall issue a permit to
carry a concealed firearm for lawful self defense to an applicant who
is 21 years of age or older within 60 days after receiving an
application, unless during the 60-day period the division finds proof
that the applicant is not of good character.

(b) The permit is valid throughout the state for five years, without
restriction, except as otherwise provided by Section 53-5-710.
?(2)(a) An applicant satisfactorily demonstrates good character if the
applicant:

(i) has not been convicted of a felony;

(ii) has not been convicted of a crime of violence;

(iii) has not been convicted of an offense involving the use of
alcohol;

(iv) has not been convicted of an offense involving the unlawful use
of narcotics or other controlled substances;

(v) has not been convicted of an offense involving moral turpitude;

(vi) has not been convicted of an offense involving domestic
violence;

(vii) has not been adjudicated by a state or federal court as
mentally incompetent, unless the adjudication has been withdrawn or
reversed; and

(viii) is qualified to purchase and possess a firearm pursuant to
Section 76-10-503 and federal law.

(b) In assessing good character under Subsection (2)(a), the licensing
authority shall consider mitigating circumstances.

(3)(a) The division may deny, suspend, or revoke a concealed firearm
permit if it has reasonable cause to believe that the applicant has
been or is a danger to self or others as demonstrated by evidence,
including:

(iii) conviction of an offense in violation of Title 76, Chapter 10,
Part 5, Weapons.

(b) The division may not deny, suspend, or revoke a concealed firearm
permit solely for a single conviction for an infraction violation of
Title 76, Chapter 10, Part 5, Weapons.

(c) In determining whether the applicant has been or is a danger to
self or others, the division may inspect:

(i) expunged records of arrests and convictions of adults as
provided in Section 77-18-15; and

(ii) juvenile court records as provided in Section 78A-6-209.

(d)(i) If a person granted a permit under this part has been charged
with a crime of violence in any state, the division shall suspend the
permit.

(ii) Upon notice of the acquittal of the person charged, or notice
of the charges having been dropped, the division shall immediately
reinstate the suspended permit.

(4) A former peace officer who departs full-time employment as a peace
officer, in an honorable manner, shall be issued a concealed firearm
permit within five years of that departure if the officer meets the
requirements of this section.

(5) Except as provided in Subsection (6), the licensing authority shall
also require the applicant to provide:

(a) the address of the applicant’s permanent residence;

(b) one recent dated photograph;

(c) one set of fingerprints; and

(d) evidence of general familiarity with the types of firearms to be
concealed as defined in Subsection (7).

(6) An applicant who is a law enforcement officer under Section 53-13-
103 may provide a letter of good standing from the officer’s commanding
officer in place of the evidence required by Subsection (5)(d).

(7)(a) General familiarity with the types of firearms to be concealed
includes training in:

(i) the safe loading, unloading, storage, and carrying of the types
of firearms to be concealed; and

(ii) current laws defining lawful use of a firearm by a private
citizen, including lawful self-defense, use of force by a private
citizen, including use of deadly force, transportation, and
concealment.

(b) Evidence of general familiarity with the types of firearms to be
concealed may be satisfied by one of the following:

(i) completion of a course of instruction conducted by a national,
state, or local firearms training organization approved by the
division;

(ii) certification of general familiarity by a person who has been
certified by the division, which may include a law enforcement
officer, military or civilian firearms instructor, or hunter safety
instructor; or

(iii) equivalent experience with a firearm through participation in
an organized shooting competition, law enforcement, or military
service.

(c) Instruction taken by a student under Subsection (7)(b) shall be in
person and not through electronic means.

(8)(a) An applicant for certification as a Utah concealed firearms
instructor shall:

(i) be at least 21 years of age;

(ii) be currently eligible to possess a firearm under Section 76-10-
503 and federal law;

(iii) have a current National Rifle Association certification or its
equivalent as determined by the division; and

(iv) for certificates issued beginning July 1, 2006, have taken a
course of instruction and passed a certification test as described
in Subsection (8)(c).

(b) An instructor’s certification is valid for three years from the
date of issuance, unless revoked by the division.

(c)(i) In order to obtain initial certification or renew a
certification, an instructor shall attend an instructional course and
pass a test under the direction of the division.

(ii)(A) Beginning May 1, 2006, the division shall provide or
contract to provide the course referred to in Subsection (8)(c)(i)
twice every year.

(B) The course shall include instruction on current Utah law
related to firearms, including concealed carry statutes and rules,
and the use of deadly force by private citizens.

(d)(i) Each applicant for certification under this Subsection (8)
shall pay a fee of $50.00 at the time of application for initial
certification.

(ii) The renewal fee for the certificate is $25.

(iii) The fees paid under Subsections (8)(d)(i) and (ii) may be used
by the division as a dedicated credit to cover the cost incurred in
maintaining and improving the instruction program required for
concealed firearm instructors under this Subsection (8).

(9) A certified concealed firearms instructor shall provide each of the
instructor’s students with the required course of instruction outline
approved by the division.

(10)(a)(i) A concealed firearms instructor is required to provide a
signed certificate to a person successfully completing the offered
course of instruction.

(ii) The instructor shall sign the certificate with the exact name
indicated on the instructor’s certification issued by the division
under Subsection (8).
? (iii)(A) The certificate shall also have affixed to it the
instructor’s official seal, which is the exclusive property of the
instructor and may not be used by any other person.

(B) The instructor shall destroy the seal upon revocation or
expiration of the instructor’s certification under Subsection (8).

(C) The division shall determine the design and content of the seal
to include at least the following:

(I) the instructor’s name as it appears on the instructor’s
certification;

(D) The seal shall be affixed to each student certificate issued by
the instructor in a manner that does not obscure or render
illegible any information or signatures contained in the document.

(b) The applicant shall provide the certificate to the division in
compliance with Subsection (5)(d).

(11) The division may deny, suspend, or revoke the certification of a
concealed firearms instructor if it has reason to believe the applicant
has:

(a) become ineligible to possess a firearm under Section 76-10-503 or
federal law; or

(b) knowingly and willfully provided false information to the
division.

(12) A concealed firearms instructor has the same appeal rights as set
forth in Subsection (15).

(13) In providing instruction and issuing a permit under this part, the
concealed firearms instructor and the licensing authority are not
vicariously liable for damages caused by the permit holder.

(14) An individual who knowingly and willfully provides false
information on an application filed under this part is guilty of a
class B misdemeanor, and the application may be denied, or the permit
may be suspended or revoked.

(15)(a) In the event of a denial, suspension, or revocation of a
permit, the applicant may file a petition for review with the board
within 60 days from the date the denial, suspension, or revocation is
received by the applicant by certified mail, return receipt requested.

(b) The denial of a permit shall be in writing and shall include the
general reasonsfor the action.

(c) If an applicant appeals the denial to the review board, the
applicant may have access to the evidence upon which the denial is
based in accordance with Title 63G, Chapter 2, Government Records
Access and Management Act.

(d) On appeal to the board, the agency has the burden of proof by a
preponderance of the evidence.

(e)(i) Upon a ruling by the board on the appeal of a denial, the
division shall issue a final order within 30 days stating the board’s
decision.

(ii) The final order shall be in the form prescribed by Subsection
63G-4- 203(1)(i).

(iii) The final order is final agency action for purposes of
judicial review under Section 63G-4-402.

(16) The commissioner may make rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, necessary to administer
this chapter.

(1) The division or its designated agent may issue a temporary permit
to carry a concealed firearm to a person who:

(a) has applied for a permit under Section 53-5-704;

(b) has applied for a temporary permit under this section; and

(c) meets the criteria required in Subsections (2) and (3).

(2) To receive a temporary permit under this section, the applicant
shall demonstrate in writing to the satisfaction of the licensing
authority extenuating circumstances that would justify issuing a
temporary permit.

(3) A temporary permit may not be issued under this section until
preliminary record checks regarding the applicant have been made with
the National Crime Information Center and the division to determine any
criminal history.

(4) A temporary permit is valid only for a maximum of 90 days or any
lesser period specified by the division, or until a permit under
Section 53-5-704 is issued to the holder of the temporary permit,
whichever period is shorter.

(5) The licensing authority may deny, suspend, or revoke a temporary
permit prior to expiration if the commissioner determines:

(a) the circumstances justifying the temporary permit no longer exist;
or(b) the holder of the temporary permit does not meet the
requirements for a permit under Section 53-5-704.

(6)(a) The denial, suspension, or revocation of a temporary permit
shall be in writing and shall include the reasons for the action.

(b) The licensing authority’s decision to deny, suspend, or revoke a
temporary permit may not be appealed to the board.

(c) Denial, suspension, or revocation under this subsection is final
action for purposes of judicial review under Section 63G-4-402.

(1)(a) Except as provided in Subsection (2), the fingerprints of each
applicant shall be taken on a form prescribed by the division and shall
be forwarded to the division.

(b) Upon receipt of the fingerprints and the fee prescribed in Section
53-5- 707, the division shall conduct a search of its files for
criminal history information pertaining to the applicant, and shall
request the Federal Bureau of Investigation to conduct a similar
search through its files.

(c) The division shall promptly furnish the forwarding licensing
authority a report of all data and information pertaining to any
applicant of which there is a record in its office, or of which a
record is found in the files of the Federal Bureau of Investigation.

(d) A permit may not be issued by any licensing authority until
receipt of the report from the division.

(2) If the permit applicant has previously applied to the same
licensing authority for a permit to carry concealed firearms and the
applicant’s fingerprints and fee have been previously forwarded within
one year to the division, the licensing authority shall note the
previous identification numbers and other data which would provide
positive identification in the files of the division on the copy of any
subsequent permit submitted to the division in accordance with this
section, and no additional application form, fingerprints, or fee are
required.

§ 53-5-707. Permit–Fees–Disposition

(1)(a) Each applicant for a permit shall pay a fee of $35 at the time
of filing an application.

(b) The initial fee shall be waived for an applicant who is a law
enforcement officer under Section 53-13-103.

(2) The renewal fee for the permit is $10.

(3) The replacement fee for the permit is $10.

(4) The late fee for the renewal permit is $7.50.

(5)(a) The division shall use the fees collected under Subsections (1),
(2), (3), and (4) as a dedicated credit to cover the costs of issuing
concealed firearm permits under this part.

(b) All revenue collected from the fees identified in Subsections (1),
(2), (3), and (4) in excess of the amount necessary to cover the cost
of issuing concealed firearm permits under this part shall be retained
by the Bureau of Criminal Identification to help fund any other costs
incurred by the bureau, but only for the fiscal year 2007-08.

(6)(a) The division may collect any fees charged by an outside agency
for additional services required by statute as a prerequisite for
issuance of a permit.

(b) The division shall promptly forward any fees collected under
Subsection (6)(a) to the appropriate agency.

(7) The division shall make an annual report to the Legislature’s Law
Enforcement and Criminal Justice Interim Committee on the amount and
use of the fees collected under this section.

§ 53-5-708. Permit–Names private

(1) When any permit is issued, a record shall be maintained in the
office of the licensing authority. Notwithstanding the requirements of
Subsection 63G-2- 301(2)(b), the names, addresses, telephone numbers,
dates of birth, and Social Security numbers of persons receiving
permits are protected records under Subsection 63G-2-305(10).

(2) Copies of each permit issued shall be filed immediately by the
licensing authority with the division.

§ 53-5-709. Repealed by Laws 1997, c. 280, § 5, eff. May 5, 1997

§ 53-5-710. Cross-references to concealed firearm permit restrictions

A person with a permit to carry a concealed firearm may not carry a
concealed firearm in the following locations:

(1) any secure area prescribed in Section 76-10-523.5 in which firearms
are prohibited and notice of the prohibition posted;

(2) in any airport secure area as provided in Section 76-10-529; or

(3) in any house of worship or in any private residence where dangerous
weapons are prohibited as provided in Section 76-10-530.

(a) “Judge” means a judge or justice of a court of record or court not
of record, but does not include a judge pro tem or senior judge.

(b) “Law enforcement official of this state” means:

(i) a member of the Board of Pardons and Parole;

(ii) a district attorney, deputy district attorney, county attorney
or deputy county attorney of a county not in a prosecution district;

(iii) the attorney general;

(iv) an assistant attorney general designated as a criminal
prosecutor; or

(v) a city attorney or a deputy city attorney designated as a
criminal prosecutor.

(2) To qualify for the exemptions enumerated in Section 76-10-523, a
law enforcement official or judge shall complete the following training
requirements:

(a) meet the requirements of Sections 53-5-704, 53-5-706, and 53-5-
707; and

(b) successfully complete an additional course of training as
established by the commissioner of public safety designed to assist
them while carrying out their official law enforcement and judicial
duties as agents for the state or its political subdivisions.

(3) Annual requalification requirements for law enforcement officials
and judges shall be established by the:

(a) Board of Pardons and Parole by rule for its members;

(b) Judicial Council by rule for judges; and

(c) the district attorney, county attorney in a county not in a
prosecution district, the attorney general, or city attorney by policy
for prosecutors under their jurisdiction.

(4) The division may:

(a) issue a certificate of qualification to a judge or law enforcement
official who has completed the requirements of Subsection (1), which
certificate of qualification is valid until revoked;

(b) revoke the certificate of qualification of a judge or law
enforcement official who fails to meet the annual requalification
criteria established pursuant to Subsection (3); and(c) certify
instructors for the training requirements of this section.

Title 76
§ 76-10-500. Uniform law

(1) The individual right to keep and bear arms being a
constitutionally protected right, the Legislature finds the need to
provide uniform laws throughout the state. Except as specifically
provided by state law, a citizen of the United States or a lawfully
admitted alien shall not be:

(a) prohibited from owning, possessing, purchasing, selling,
transferring, transporting, or keeping any firearm at his place of
residence, property, business, or in any vehicle lawfully in his
possession or lawfully under his control; or

(b) required to have a permit or license to purchase, own, possess,
transport, or keep a firearm.

(2) This part is uniformly applicable throughout this state and in all
its political subdivisions and municipalities. All authority to
regulate firearms shall be reserved to the state except where the
Legislature specifically delegates responsibility to local authorities
or state entities. Unless specifically authorized by the Legislature
by statute, a local authority or state entity may not enact or enforce
any ordinance, regulation, or rule pertaining to firearms.

§ 76-10-501. Definitions

As used in this part:

(1)(a) “Antique firearm” means any firearm:

(i)(A) with a matchlock, flintlock, percussion cap, or similar type
of ignition system; and

(B) that was manufactured in or before 1898; or

(ii) that is a replica of any firearm described in this Subsection
(1)(a), if the replica:

(A) is not designed or redesigned for using rimfire or conventional
centerfire fixed ammunition; or

(B) uses rimfire or centerfire fixed ammunition which is:
(I) no longer manufactured in the United States; and

(II) is not readily available in ordinary channels of commercial
trade; or

(iii)(A) that is a muzzle loading rifle, shotgun, or pistol; and

(B) is designed to use black powder, or a black powder substitute,
and cannot use fixed ammunition.

(b) “Antique firearm” does not include:

(i) any weapon that incorporates a firearm frame or receiver;

(ii) any firearm that is converted into a muzzle loading weapon; or

(iii) any muzzle loading weapon that can be readily converted to
fire fixed ammunition by replacing the:

(A) barrel;

(B) bolt;

(C) breechblock; or

(D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).

(2)(a) “Concealed dangerous weapon” means a dangerous weapon that is
covered, hidden, or secreted in a manner that the public would not be
aware of its presence and is readily accessible for immediate use.

(b) A dangerous weapon shall not be considered a concealed dangerous
weapon if it is a firearm which is unloaded and is securely encased.

(3) “Criminal history background check” means a criminal background
check conducted by a licensed firearms dealer on every purchaser of a
handgun through the division or the local law enforcement agency where
the firearms dealer conducts business.

(4) “Curio or relic firearm” means any firearm that:

(a) is of special interest to a collector because of a quality that is
not associated with firearms intended for:

(i) sporting use;

(ii) use as an offensive weapon; or

(iii) use as a defensive weapon;
(b)(i) was manufactured at least 50 years prior to the current date;
and

(ii) is not a replica of a firearm described in Subsection
(4)(b)(i);

(c) is certified by the curator of a municipal, state, or federal
museum that exhibits firearms to be a curio or relic of museum
interest;

(d) derives a substantial part of its monetary value:

(i) from the fact that the firearm is:

(A) novel;

(B) rare; or

(C) bizarre; or

(ii) because of the firearm’s association with an historical:

(A) figure;

(B) period; or

(C) event; and

(e) has been designated as a curio or relic firearm by the director of
the United States Treasury Department Bureau of Alcohol, Tobacco, and
Firearms under 27 C.F.R. Sec. 178.11.

(5)(a) “Dangerous weapon” means any item that in the manner of its use
or intended use is capable of causing death or serious bodily injury.
The following factors shall be used in determining whether a knife, or
any other item, object, or thing not commonly known as a dangerous
weapon is a dangerous weapon:

(i) the character of the instrument, object, or thing;

(ii) the character of the wound produced, if any;

(iii) the manner in which the instrument, object, or thing was used;
and

(iv) the other lawful purposes for which the instrument, object, or
thing may be used.

(b) “Dangerous weapon” does not include any explosive, chemical, or
incendiary device as defined by Section 76-10-306.

(6) “Dealer” means every person who is licensed under crimes and
criminal procedure, 18 U.S.C. 923 and engaged in the business of
selling, leasing, or otherwise transferring a handgun, whether the
person is a retail or wholesale dealer, pawnbroker, or otherwise.

(7) “Division” means the Criminal Investigations and Technical Services
Division of the Department of Public Safety, created in Section 53-10-
103.

(8) “Enter” means intrusion of the entire body.

(9)(a) “Firearm” means a pistol, revolver, shotgun, sawed-off shotgun,
rifle or sawed-off rifle, or any device that could be used as a
dangerous weapon from which is expelled a projectile by action of an
explosive.

(b) As used in Sections 76-10-526 and 76-10-527, “firearm” does not
include an antique firearm.

(10) “Firearms transaction record form” means a form created by the
division to be completed by a person purchasing, selling, or
transferring a handgun from a dealer in the state.

(11) “Fully automatic weapon” means any firearm which fires, is
designed to fire, or can be readily restored to fire, automatically
more than one shot without manual reloading by a single function of the
trigger.

(12)(a) “Handgun” means a pistol, revolver, or other firearm of any
description, loaded or unloaded, from which any shot, bullet, or other
missile can be discharged, the length of which, not including any
revolving, detachable, or magazine breech, does not exceed 12 inches.

(b) As used in Sections 76-10-520, 76-10-521, and 76-10-522, “handgun”
and “pistol or revolver” do not include an antique firearm.

(13) “House of worship” means a church, temple, synagogue, mosque, or
other building set apart primarily for the purpose of worship in which
religious services are held and the main body of which is kept for that
use and not put to any other use inconsistent with its primary purpose.

(14) “Prohibited area” means any place where it is unlawful to
discharge a firearm.

(15) “Readily accessible for immediate use” means that a firearm or
other dangerous weapon is carried on the person or within such close
proximity and in such a manner that it can be retrieved and used as
readily as if carried on the person.

(16) “Residence” means an improvement to real property used or occupied
as a primary or secondary residence.

(17) “Sawed-off shotgun” or “sawed- off rifle” means a shotgun having a
barrel or barrels of fewer than 18 inches in length, or in the case of
a rifle, having a barrel or barrels of fewer than 16 inches in length,
or any dangerous weapon made from a rifle or shotgun by alteration,
modification, or otherwise, if the weapon as modified has an overall
length of fewer than 26 inches.

(18) “Securely encased” means not readily accessible for immediate use,
such as held in a gun rack, or in a closed case or container, whether
or not locked, or in a trunk or other storage area of a motor vehicle,
not including a glove box or console box.

(20) “Violent felony” means the same as defined in Section 76-3-203.5.

§ 76-10-502. When weapon deemed loaded

(1) For the purpose of this chapter, any pistol, revolver, shotgun,
rifle, or other weapon described in this part shall be deemed to be
loaded when there is an unexpended cartridge, shell, or projectile in
the firing position.

(2) Pistols and revolvers shall also be deemed to be loaded when an
unexpended cartridge, shell, or projectile is in a position whereby the
manual operation of any mechanism once would cause the unexpended
cartridge, shell, or projectile to be fired.

(3) A muzzle loading firearm shall be deemed to be loaded when it is
capped or primed and has a powder charge and ball or shot in the barrel
or cylinders.

(i) has been convicted of any violent felony as defined in Section
76-3- 203.5;

(ii) is on probation or parole for any felony;

(iii) is on parole from a secure facility as defined in Section 62A-
7-101; or

(iv) within the last ten years has been adjudicated delinquent for
an offense which if committed by an adult would have been a violent
felony as defined in Section 76-3-203.5.

(b) A Category II restricted person is a person who:

(i) has been convicted of or is under indictment for any felony;

(ii) within the last seven years has been adjudicated delinquent for
an offense which if committed by an adult would have been a felony;

(iii) is an unlawful user of a controlled substance as defined in
Section 58-37-2;

(iv) is in possession of a dangerous weapon and is knowingly and
intentionally in unlawful possession of a Schedule I or II
controlled substance as defined in Section 58-37-2;

(v) has been found not guilty by reason of insanity for a felony
offense;

(vi) has been found mentally incompetent to stand trial for a felony
offense;

(vii) has been adjudicated as mentally defective as provided in the
Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107
Stat. 1536 (1993), [FN1] or has been committed to a mental
institution;

(viii) is an alien who is illegally or unlawfully in the United
States;

(ix) has been dishonorably discharged from the armed forces; or

(x) has renounced his citizenship after having been a citizen of the
United States.

(2) A Category I restricted person who intentionally or knowingly
agrees, consents, offers, or arranges to purchase, transfer, possess,
use, or have under his custody or control, or who intentionally or
knowingly purchases, transfers, possesses, uses, or has under his
custody or control:

(a) any firearm is guilty of a second degree felony; or

(b) any dangerous weapon other than a firearm is guilty of a third
degree felony.

(3) A Category II restricted person who purchases, transfers,
possesses, uses, or has under his custody or control:

(a) any firearm is guilty of a third degree felony; or

(b) any dangerous weapon other than a firearm is guilty of a class A
misdemeanor.

(4) A person may be subject to the restrictions of both categories at
the same time.

(5) If a higher penalty than is prescribed in this section is provided
in another section for one who purchases, transfers, possesses, uses,
or has under this custody or control any dangerous weapon, the
penalties of that section control.

(6) It is an affirmative defense to a charge based on the definition in
Subsection (1)(b)(iv) that the person was:

(a) in possession of a controlled substance pursuant to a lawful order
of a practitioner for use of a member of the person’s household or for
administration to an animal owned by the person or a member of the
person’s household; or

(b) otherwise authorized by law to possess the substance.

[FN1] See 18 U.S.C.A. § 921 et seq.

§ 76-10-504. Carrying concealed dangerous weapon–Penalties

(1) Except as provided in Section 76-10-503 and in Subsections (2) and
(3):

(a) a person who carries a concealed dangerous weapon, as defined in
Section 76-10-501, which is not a firearm on his person or one that is
readily accessible for immediate use which is not securely encased, as
defined in this part, in a place other than his residence, property,
or business under his control is guilty of a class B misdemeanor; and

(b) a person without a valid concealed firearm permit who carries a
concealed dangerous weapon which is a firearm and that contains no
ammunition is guilty of a class B misdemeanor, but if the firearm
contains ammunition the person is guilty of a class A misdemeanor.

(2) A person who carries concealed a sawed-off shotgun or a sawed-off
rifle is guilty of a second degree felony.

(3) If the concealed firearm is used in the commission of a violent
felony as defined in Section 76-3-203.5, and the person is a party to
the offense, the person is guilty of a second degree felony.

(4) Nothing in Subsection (1) shall prohibit a person engaged in the
lawful taking of protected or unprotected wildlife as defined in Title
23, Wildlife Resources Code, from carrying a concealed weapon or a
concealed firearm with a barrel length of four inches or greater as
long as the taking of wildlife does not occur:

(a) within the limits of a municipality in violation of that
municipality’s ordinances; or

(b) upon the highways of the state as defined in Section 41-6a-102.

§ 76-10-505. Carrying loaded firearm in vehicle or on street

(1) Unless otherwise authorized by law, a person may not carry a
loaded firearm:

(a) in or on a vehicle;

(b) on any public street; or

(c) in a posted prohibited area.

(2) A violation of this section is a class B misdemeanor.

§ 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off
shotgun on or about school premises–Penalties

(1) A person may not possess any dangerous weapon, firearm, or sawed-
off shotgun, as those terms are defined in Section 76-10-501, at a
place that the person knows, or has reasonable cause to believe, is on
or about school premises as defined in Subsection 76-3-203.2(1).

(2)(a) Possession of a dangerous weapon on or about school premises is
a class B misdemeanor.

(b) Possession of a firearm or sawed-off shotgun on or about school
premises is a class A misdemeanor.

(3) This section does not apply if:

(a) the person is authorized to possess a firearm as provided under
Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise
authorized by law;

(b) the possession is approved by the responsible school
administrator;

(c) the item is present or to be used in connection with a lawful,
approved activity and is in the possession or under the control of the
person responsible for its possession or use; or

(d) the possession is:

(i) at the person’s place of residence or on the person’s property;

(ii) in any vehicle lawfully under the person’s control, other than
a vehicle owned by the school or used by the school to transport
students; or

(iii) at the person’s place of business which is not located in the
areas described in Subsection 76-3-203.2(1)(a)(i), (ii), or (iv).

(4) This section does not prohibit prosecution of a more serious
weapons offense that may occur on or about school premises.

§ 76-10-506. Threatening with or using dangerous weapon in fight or
quarrel

Every person, except those persons described in Section 76-10-503, who,
not in necessary self defense in the presence of two or more persons,
draws or exhibits any dangerous weapon in an angry and threatening
manner or unlawfully uses the same in any fight or quarrel is guilty of
a class A misdemeanor.

§ 76-10-507. Possession of deadly weapon with intent to assault

Every person having upon his person any dangerous weapon with intent to
unlawfully assault another is guilty of a class A misdemeanor.

§ 76-10-508. Discharge of firearm from a vehicle, near a highway, or in
direction of any person, building, or vehicle–Penalties

(1)(a) A person may not discharge any kind of dangerous weapon or
firearm:

(i) from an automobile or other vehicle;

(ii) from, upon, or across any highway;

(iii) at any road signs placed upon any highways of the state;

(iv) at any communications equipment or property of public utilities
including facilities, lines, poles, or devices of transmission or
distribution;

(v) at railroad equipment or facilities including any sign or
signal;

(vi) within Utah State Park buildings, designated camp or picnic
sites, overlooks, golf courses, boat ramps, and developed beaches;
or

(vii) without written permission to discharge the dangerous weapon
from the owner or person in charge of the property within 600 feet
of:

(A) a house, dwelling, or any other building; or

(B) any structure in which a domestic animal is kept or fed,
including a barn, poultry yard, corral, feeding pen, or stockyard.

(b) It is a defense to any charge for violating this section that the
person being accused had actual permission of the owner or person in
charge of the property at the time in question.

(2) A violation of any provision of Subsection (1) is a class B
misdemeanor.

(3) In addition to any other penalties, the court shall:

(a) notify the Driver License Division of the conviction for purposes
of any revocation, denial, suspension, or disqualification of a driver
license under Subsection 53-3-220(1)(a)(xi); and

(b) specify in court at the time of sentencing the length of the
revocation under Subsection 53-3-225(1)(c).

(4) This section does not apply to a person who:

(a) discharges any kind of firearm when that person is in lawful
defense of self or others;

(b) is performing official duties as provided in Sections 23-20-1.5
and 76-10-523 and as otherwise provided by law; or

(c) discharges a dangerous weapon or firearm from an automobile or
other vehicle, if:

(i) the discharge occurs at a firing range or training ground;

(ii) at no time after the discharge does the projectile that is
discharged cross over or stop at a location other than within the
boundaries of the firing range or training ground described in
Subsection (4)(c)(i);

(iii) the discharge is made as practice or training for a lawful
purpose;

(iv) the discharge and the location, time, and manner of the
discharge are approved by the owner or operator of the firing range
or training ground prior to the discharge; and

(v) the discharge is not made in violation of Subsection (1).

§ 76-10-508.1. Felony discharge of a firearm–Penalties

(1) Except as provided under Subsection (2) or (3), a person who
discharges a firearm under any of the circumstances not amounting to
criminal homicide or attempted criminal homicide is guilty of a third
degree felony punishable by imprisonment for a term of not less than
three years nor more than five years if:

(a) the actor discharges a firearm in the direction of any person or
persons, knowing or having reason to believe that any person may be
endangered by the discharge of the firearm;

(b) the actor, with intent to intimidate or harass another or with
intent to damage a habitable structure as defined in Section 76-6-101,
discharges a firearm in the direction of any person or habitable
structure; or

(c) the actor, with intent to intimidate or harass another, discharges
a firearm in the direction of any vehicle.

(2) A violation of Subsection (1) which causes injury to any person is
a second degree felony punishable by imprisonment for a term of not
less than three years nor more than fifteen years.

(3) A violation of Subsection (1) which causes serious bodily injury to
any person is a first degree felony.

(4) In addition to any other penalties for a violation of this section,
the court shall:

(a) notify the Driver License Division of the conviction for purposes
of any revocation, denial, suspension, or disqualification of a driver
license under Subsection 53-3-220(1)(a)(xi); and

(b) specify in court at the time of sentencing the length of the
revocation under Subsection 53-3-225(1)(c).

(5) This section does not apply to a person:

(a) who discharges any kind of firearm when that person is in lawful
defense of self or others;

(b) who is performing official duties as provided in Section 23-20-1.5
or 76-10-523 or as otherwise authorized by law;

(c) discharges a dangerous weapon or firearm from an automobile or
other vehicle, if:

(i) the discharge occurs at a firing range or training ground;

(ii) at no time after the discharge does the projectile that is
discharged cross over or stop at a location other than within the
boundaries of the firing range or training ground described in
Subsection (5)(c)(i);

(iii) the discharge is made as practice or training for a lawful
purpose;

(iv) the discharge and the location, time, and manner of the
discharge are approved by the owner or operator of the firing range
or training ground prior to the discharge; and

(v) the discharge is not made in violation of Subsection (1).

§ 76-10-509. Possession of dangerous weapon by minor

(1) A minor under 18 years of age may not possess a dangerous weapon
unless he:

(a) has the permission of his parent or guardian to have the weapon;
or

(b) is accompanied by a parent or guardian while he has the weapon in
his possession.

(2) Any minor under 14 years of age in possession of a dangerous weapon
shall be accompanied by a responsible adult.

(3) Any person who violates this section is guilty of:

(a) a class B misdemeanor upon the first offense; and

(b) a class A misdemeanor for each subsequent offense.

§ 76-10-509.4. Prohibition of possession of certain weapons by minors

(1) A minor under 18 years of age may not possess a handgun.

(2) Except as provided by federal law, a minor under 18 years of age
may not possess the following:

(a) a sawed-off rifle or sawed-off shotgun; or

(b) a fully automatic weapon.

(3) Any person who violates Subsection (1) is guilty of:

(a) a class B misdemeanor upon the first offense; and

(b) a class A misdemeanor for each subsequent offense.

(4) Any person who violates Subsection (2) is guilty of a third degree
felony.

§ 76-10-509.5. Penalties for providing certain weapons to a minor

(1) Any person who provides a handgun to a minor when the possession
of the handgun by the minor is a violation of Section 76-10-509.4 is
guilty of:

(a) a class B misdemeanor upon the first offense; and

(b) a class A misdemeanor for each subsequent offense.

(2) Any person who transfers in violation of applicable state or
federal law a sawed-off rifle, sawed-off shotgun, or fully automatic
weapon to a minor is guilty of a third degree felony.

§ 76-10-509.6. Parent or guardian providing firearm to violent minor

(1) A parent or guardian may not intentionally or knowingly provide a
firearm to, or permit the possession of a firearm by, any minor who has
been convicted of a violent felony as defined in Section 76-3-203.5 or
any minor who has been adjudicated in juvenile court for an offense
which would constitute a violent felony if the minor were an adult.

Any parent or guardian of a minor who knows that the minor is in
possession of a dangerous weapon in violation of Section 76-10-509 or a
firearm in violation of Section 76-10-509.4 and fails to make
reasonable efforts to remove the firearm from the minor’s possession is
guilty of a class B misdemeanor.

§ 76-10-509.9. Sales of firearms to juveniles

(1) A person may not sell any firearm to a minor under 18 years of age
unless the minor is accompanied by a parent or guardian.

(2) Any person who violates this section is guilty of a third degree
felony.

§ 76-10-510. Repealed by Laws 1995, c. 285, § 2, eff. May 1, 1995

§ 76-10-511. Possession of loaded weapon at residence authorized

Except for persons described in Section 76-10-503, a person may have a
loaded firearm at his place of residence, including any temporary
residence or camp.

The provisions of Section 76-10-509 and Subsection 76-10-509.4(1)
regarding possession of handguns by minors shall not apply to any of
the following:

(1) Patrons firing at lawfully operated target concessions at amusement
parks, piers, and similar locations provided that the firearms to be
used are firmly chained or affixed to the counters.

(2) Any person in attendance at a hunter’s safety course or a firearms
safety course.

(3) Any person engaging in practice or any other lawful use of a
firearm at an established range or any other area where the discharge
of a firearm is not prohibited by state or local law.

(4) Any person engaging in an organized competition involving the use
of a firearm, or participating in or practicing for such competition.

(5) Any minor under 18 years of age who is on real property with the
permission of the owner, licensee, or lessee of the property and who
has the permission of a parent or legal guardian or the owner,
licensee, or lessee to possess a firearm not otherwise in violation of
law.

(6) Any resident or nonresident hunters with a valid hunting license or
other persons who are lawfully engaged in hunting.

(7) Any person traveling to or from any activity described in
Subsection (2), (3), (4), (5), or (6) with an unloaded firearm in his
possession.

§ 76-10-520. Number or mark assigned to pistol or revolver by
Department of Public Safety

The Department of Public Safety upon request may assign a
distinguishing number or mark of identification to any pistol or
revolver whenever it is without a manufacturer’s number, or other mark
of identification or whenever the manufacturer’s number or other mark
of identification or the distinguishing number or mark assigned by the
Department of Public Safety has been destroyed or obliterated.

§ 76-10-521. Unlawful marking of pistol or revolver

(1) Any person who places or stamps on any pistol or revolver any
number except one assigned to it by the Department of Public Safety is
guilty of a class A misdemeanor.

(2) This section does not prohibit restoration by the owner of the name
of the maker, model, or of the original manufacturer’s number or other
mark of identification when the restoration is authorized by the
Department of Public Safety, nor prevent any manufacturer from placing
in the ordinary course of business the name of the make, model,
manufacturer’s number, or other mark of identification upon a new
pistol or revolver.

§ 76-10-522. Alteration of number or mark on pistol or revolver

Any person who changes, alters, removes, or obliterates the name of the
maker, the model, manufacturer’s number, or other mark of
identification, including any distinguishing number or mark assigned by
the Department of Public Safety, on any pistol or revolver, without
first having secured written permission from the Department of Public
Safety to make the change, alteration, or removal, is guilty of a class
A misdemeanor.

§ 76-10-523. Persons exempt from weapons laws

(1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act,
do not apply to any of the following:

(a) a United States marshal;

(b) a federal official required to carry a firearm;

(c) a peace officer of this or any other jurisdiction;

(d) a law enforcement official as defined and qualified under Section
53-5- 711;

(e) a judge as defined and qualified under Section 53-5-711;

(f) a common carrier while engaged in the regular and ordinary
transport of firearms as merchandise; or

(g) a nonresident traveling in or through the state, provided that any
firearm is:

(i) unloaded; and

(ii) securely encased as defined in Section 76-10-501.

(2) The provisions of Subsections 76-10-504(1)(a), (1)(b), and Section
76- 10-505 do not apply to any person to whom a permit to carry a
concealed firearm has been issued:

(a) pursuant to Section 53-5-704; or

(b) by another state or county.

§ 76-10-523.5. Compliance with rules for secure facilities

Any person, including a person licensed to carry a concealed firearm
under Title 53, Chapter 5, Part 7, Concealed Weapons, shall comply with
any rule established for secure facilities pursuant to Sections 53B-3-
103, 76-8- 311.1, 76-8-311.3, and 78A-2-203 and shall be subject to any
penalty provided in those sections.

§ 76-10-524. Purchase of firearms pursuant to federal law

This part will allow purchases of firearms and ammunition pursuant to
U.S.C. Title 18 Chapter 44 Sec. 922b(3) [FN1].

[FN1] See 18 U.S.C.A. § 922b.

§ 76-10-525. Disposition of weapons after use for court purposes

All police departments and/or sheriff’s departments which have in their
possession a weapon after it has been used for court purposes shall
determine the true owner of the weapon and return it to him; however,
if unable to determine the true owner of the weapon, or if the true
owner is the person committing the crime for which the weapon was used
as evidence, the department shall confiscate it and it shall revert to
that agency for their use and/or disposal as the head of the department
determines.

(1) For purposes of this section, “valid permit to carry a concealed
firearm” does not include a temporary permit issued pursuant to Section
53-5-705.

(2)(a) To establish personal identification and residence in this state
for purposes of this part, a dealer shall require an individual
receiving a firearm to present one photo identification on a form
issued by a governmental agency of the state.

(b) A dealer may not accept a driving privilege card issued in
accordance with Section 53-3-207 as proof of identification for the
purpose of establishing personal identification and residence in this
state as required under this Subsection (2).

(3) A criminal history background check is required for the sale of a
firearm by a licensed firearm dealer in the state.

(4)(a) An individual, except a dealer, purchasing a firearm from a
dealer shall consent in writing to a criminal background check, on a
form provided by the division.

(b) The form shall contain the following information:

(i) the dealer identification number;

(ii) the name and address of the individual receiving the firearm;

(iii) the date of birth, height, weight, eye color, and hair color
of the individual receiving the firearm; and

(iv) the Social Security number or any other identification number
of the individual receiving the firearm.

(5)(a) The dealer shall send the form required by Subsection (4) to the
division immediately upon its completion.

(b) No dealer shall sell or transfer any firearm to an individual
until the dealer has provided the division with the information in
Subsection (4) and has received approval from the division under
Subsection (7).

(6) The dealer shall make a request for criminal history background
information by telephone or other electronic means to the division and
shall receive approval or denial of the inquiry by telephone or other
electronic means.

(7) When the dealer calls for or requests a criminal history background
check, the division shall:

(a) review the criminal history files, including juvenile court
records, to determine if the individual is prohibited from purchasing,
possessing, or transferring a firearm by state or federal law;

(b) inform the dealer that:

(i) the records indicate the individual is so prohibited; or

(ii) the individual is approved for purchasing, possessing, or
transferring a firearm;

(c) provide the dealer with a unique transaction number for that
inquiry; and

(d) provide a response to the requesting dealer during the call for a
criminal background, or by return call, or other electronic means,
without delay, except in case of electronic failure or other
circumstances beyond the control of the division, the division shall
advise the dealer of the reason for the delay and give the dealer an
estimate of the length of the delay.

(8)(a) The division shall not maintain any records of the criminal
history background check longer than 20 days from the date of the
dealer’s request if the division determines that the individual
receiving the gun is not prohibited from purchasing, possessing, or
transferring the firearm under state or federal law.

(b) However, the division shall maintain a log of requests containing
the dealer’s federal firearms number, the transaction number, and the
transaction date for a period of 12 months.

(9) If the criminal history background check discloses information
indicating that the individual attempting to purchase the firearm is
prohibited from purchasing, possessing, or transferring a firearm, the
division shall inform the law enforcement agency in the jurisdiction
where the person resides.

(10) If an individual is denied the right to purchase a firearm under
this section, the individual may review the individual’s criminal
history information and may challenge or amend the information as
provided in Section 53-10-108.

(11) The division shall make rules as provided in Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, to ensure the identity,
confidentiality, and security of all records provided by the division
pursuant to this part are in conformance with the requirements of the
Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat.
1536 (1993).

(12)(a)(i) All dealers shall collect a criminal history background
check fee which is $7.50.

(ii) This fee remains in effect until changed by the division
through the process under Section 63J-1-303.

(b)(i) The dealer shall forward at one time all fees collected for
criminal history background checks performed during the month to the
division by the last day of the month following the sale of a firearm.

(ii) The division shall deposit the fees in the General Fund as
dedicated credits to cover the cost of administering and conducting
the criminal history background check program.

(13) An individual with a concealed firearm permit issued pursuant to
Title 53, Chapter 5, Part 7, Concealed Weapon Act, shall be exempt from
the background check and corresponding fee required in this section for
the purchase of a firearm if:

(a) the individual presents the individual’s concealed firearm permit
to the dealer prior to purchase of the firearm; and

(b) the dealer verifies with the division that the individual’s
concealed firearm permit is valid.

§ 76-10-527. Penalties

(1) This section shall apply only to a handgun until federal law
requires the background check in Section 76-10-526 to extend to other
firearms at which time this section shall also apply to those firearms.

(2) A dealer is guilty of a class A misdemeanor who willfully and
intentionally:

(a) requests, obtains, or seeks to obtain criminal history background
information under false pretenses; or

(b) disseminates criminal history background information.

(3) A person who purchases or transfers a firearm is guilty of a felony
of the third degree who willfully and intentionally makes a false
statement of the information required for a criminal background check
in Section 76-10-526.

(4) A dealer is guilty of a felony of the third degree if the dealer
willfully and intentionally sells or transfers a firearm in violation
of this part.

(5) A person is guilty of a felony of the third degree who purchases a
firearm with the intent to:

(a) resell or otherwise provide a firearm to any person who is
ineligible to purchase or receive from a dealer a firearm; or

(b) transport a firearm out of this state to be resold to an
ineligible person.

§ 76-10-528. Carrying a dangerous weapon while under influence of
alcohol or drugs unlawful

(1) Any person who carries a dangerous weapon while under the
influence of alcohol or a controlled substance as defined in Section
58-37-2 is guilty of a class B misdemeanor. Under the influence means
the same level of influence or blood or breath alcohol concentration as
provided in Subsections 41-6a-502(1)(a) through (c).

(2) It is not a defense to prosecution under this section that the
person:

(a) “Airport authority” has the same meaning as defined in Section 72-
10- 102.

(b) “Dangerous weapon” is the same as defined in Section 76-10-501.

(c) “Explosive” is the same as defined for “explosive, chemical, or
incendiary device” in Section 76-10-306.

(d) “Firearm” is the same as defined in Section 76-10-501.

(2)(a) Within a secure area of an airport established pursuant to this
section, a person, including a person licensed to carry a concealed
firearm under Title 53, Chapter 5, Part 7, Concealed Weapon Act, is
guilty of:

(i) a class A misdemeanor if the person knowingly or intentionally
possesses any dangerous weapon or firearm;

(ii) an infraction if the person recklessly or with criminal
negligence possesses any dangerous weapon or firearm; or

(iii) a violation of Section 76-10-306 if the person transports,
possesses, distributes, or sells any explosive, chemical, or
incendiary device.

(b) Subsection (2)(a) does not apply to:

(i) persons exempted under Section 76-10-523; and

(ii) members of the state or federal military forces while engaged
in the performance of their official duties.

(3) An airport authority, county, or municipality regulating the
airport may:

(a) establish any secure area located beyond the main area where the
public generally buys tickets, checks and retrieves luggage; and

(b) use reasonable means, including mechanical, electronic, x-ray, or
any other device, to detect dangerous weapons, firearms, or explosives
concealed in baggage or upon the person of any individual attempting
to enter the secure area.

(4) At least one notice shall be prominently displayed at each entrance
to a secure area in which a dangerous weapon, firearm, or explosive is
restricted.

(5) Upon the discovery of any dangerous weapon, firearm, or explosive,
the airport authority, county, or municipality, the employees, or other
personnel administering the secure area may:

(a) require the individual to deliver the item to the air freight
office or airline ticket counter;

(b) require the individual to exit the secure area; or

(c) obtain possession or retain custody of the item until it is
transferred to law enforcement officers.

§ 76-10-530. Trespass with a firearm in a house of worship or private
residence–Notice–Penalty

(1) A person, including a person licensed to carry a concealed firearm
pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after
notice has been given as provided in Subsection (2) that firearms are
prohibited, may not knowingly and intentionally:

(a) transport a firearm into:

(i) a house of worship; or

(ii) a private residence; or

(b) while in possession of a firearm, enter or remain in:

(i) a house of worship; or

(ii) a private residence.

(2) Notice that firearms are prohibited may be given by:

(a) personal communication to the actor by:

(i) the church or organization operating the house of worship;

(ii) the owner, lessee, or person with lawful right of possession of
the private residence; or

(iii) a person with authority to act for the person or entity in
Subsections (2)(a)(i) and (ii);

(b) posting of signs reasonably likely to come to the attention of
persons entering the house of worship or private residence;

(c) announcement, by a person with authority to act for the church or
organization operating the house of worship, in a regular
congregational meeting in the house of worship;

(d) publication in a bulletin, newsletter, worship program, or similar
document generally circulated or available to the members of the
congregation regularly meeting in the house of worship; or

(e) publication in a newspaper of general circulation in the county in
which the house of worship is located or the church or organization
operating the house of worship has its principal office in this state.

(3) A church or organization operating a house of worship and giving
notice that firearms are prohibited may:

(a) revoke the notice, with or without supersedure, by giving further
notice in any manner provided in Subsection (2); and

(b) provide or allow exceptions to the prohibition as the church or
organization considers advisable.

(4)(a)(i) Within 30 days of giving or revoking any notice pursuant to
Subsection (2)(c), (d), or (e), a church or organization operating a
house of worship shall notify the division on a form and in a manner as
the division shall prescribe.

(ii) The division shall post on its website a list of the churches
and organizations operating houses of worship who have given notice
under Subsection (4)(a)(i).

(b) Any notice given pursuant to Subsection (2)(c), (d), or (e) shall
remain in effect until revoked or for a period of one year from the
date the notice was originally given, whichever occurs first.

(5) Nothing in this section permits an owner who has granted the lawful
right of possession to a renter or lessee to restrict the renter or
lessee from lawfully possessing a firearm in the residence.